AMAR SARAN,J. - (1.) HEARD learned Counsel for the applicant and learned Additional Government Advocate.
(2.) THIS application under Section 482 Cr.P.C. has been filed for quashing the charge -sheet dated 26 -12 -1995 arising out of case crime No. 474 of 1995, under Sections 419/420/467/468 IPC, police station Khuldabad, District Allahabad, in respect of which case No. 2782 of 2002, State v. Kanhaiya Lal Tiwari, is pending in the Court of Special Chief Judicial Magistrate, Allahabad. The allegations in the FIR dated 19 -10 -1995, lodged by the informant Arun Kumar were that in the year 1993 he had entered into an agreement with the applicant Kanhaiya Lal Tiwari for the sale of some property. The sale -deed was to be executed in favour of the informant's son Sauhard Praveen. He thereafter paid Rs. 10,000/ - and subsequently Rs. 40,000/ - to the applicant for transfer of the land, but the applicant refused to transfer the land and in fact in the year 1994, he transferred the plot in a dishonest manner to some other person and refused to return Rs. 50,000/ -, which was advanced to the applicant by the complainant. The applicant even began to quarrel with him when the complainant asked him either to execute the sale -deed or to return the advanced sum.
(3.) IT is argued by the learned Counsel for the applicant that the dispute between the parties is essentially of civil nature and the complainant had a remedy by way of filing of a civil suit for specific performance of the contract and that no offence of cheating was disclosed.;